Evidence Law
Does this statement amount to confession in a rape trial as per Evidence Law?
DC Simpson arrested Rob. On arrest Rob stated, ‘I never touched her’. At the station Rob’s solicitor was in attendance during the interview. During the interview DC Simpson repeatedly asked Rob whether he raped Sally. DC Simpson tells Rob that he has a tape from a CCTV camera which shows Rob raping Sally. This tape does not exist. At this point Rob states, ‘What is the big deal, my friends told me she likes to pretend that she’s not into it, but she really is. Who cares, she is a slut anyway!’ Rob pleads not guilty. His defence, as outlined in his defence statement, is one of reasonable belief in consent.
DC Simpson arrested Rob. On arrest Rob stated, ‘I never touched her’. At the station Rob’s solicitor was in attendance during the interview. During the interview DC Simpson repeatedly asked Rob whether he raped Sally. DC Simpson tells Rob that he has a tape from a CCTV camera which shows Rob raping Sally. This tape does not exist. At this point Rob states, ‘What is the big deal, my friends told me she likes to pretend that she’s not into it, but she really is. Who cares, she is a slut anyway!’ Rob pleads not guilty. His defence, as outlined in his defence statement, is one of reasonable belief in consent.
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